Patent Cooperation Treaty (PCT) Information
For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1393 O.G. 58, on August 13, 2013.
For information on subject matter under Rule 39 that a particular
International Searching Authority will not search, see Annex D of the PCT
Applicants' Guide.
European Patent Office as Searching and Examining Authority
The European Patent Office (EPO) may act as the International Searching
Authority (ISA) or the International Preliminary Examining Authority (IPEA)
for an international application filed with the United States Receiving
Office or the International Bureau (IB) as Receiving Office where at least
one of the applicants is either a national or resident of the United States
of America. However, the use of the EPO is restricted. The EPO will not act
as an ISA for applications with one or more claims directed to a business
method. For the definition of what the EPO considers to be precluded
subject matter in the field of business methods, see PCT Applicants's
Guide, Annexes D(EP), E(EP) and the Official Notices (PCT Gazette) dated
May 6, 2010, page 94
(http://www.wipo.int/pct/en/official_notices/index.html). The EPO will act
as an IPEA only if it also acted as the ISA.
The search fee of the European Patent Office was decreased, effective
January 1, 2013, and was announced in the Official Gazette at 1385 O.G. 176,
on December 25, 2012.
Korean Intellectual Property Office as Searching and Examining Authority
The Korean Intellectual Property Office may act as the ISA or the IPEA for
an international application filed with the United States Receiving Office
or the International Bureau (IB) as Receiving Office where at least one of
the applicants is either a national or resident of the United States of
America. The announcement appears in the Official Gazette at 1302 O.G.
1261 on January 17, 2006.
The search fee of the Korean Intellectual Property Office was increased,
effective January 1, 2013, and was announced in the Official Gazette at
1385 O.G. 176, on December 25, 2012.
Australian Patent Office as Searching and Examining Authority
The Australian Patent Office (IP Australia) may act as the ISA or the
IPEA for an international application filed with the United States
Receiving Office or the International Bureau (IB) as Receiving Office where
at least one of the applicants is either a national or resident of the
United States of America. The announcement appears in the Offical Gazette
at 1337 O.G. 265, on December 23, 2008. However, the use of IP Australia is
restricted. IP Australia will not act as an ISA for applications with one
or more claims directed to the fields of business methods or mechanical
engineering or analogous fields of technology as defined by specified areas
of the International Patent Classification System, as indicated in the
Official Gazette at 1337 O.G. 261 on December 23, 2008, in Annex A to the
agreement between the USPTO and IP Australia. IP Australia will act as an
IPEA only if it also acted as the ISA.
The search fee of IP Australia was decreased, effective September 1,
2013, and was announced in the Official Gazette at 1393 O.G. 170, on
August 27, 2013.
The Federal Service on Intellectual Property, Patents & Trademarks of
Russia as Searching and Examining Authority

January 20, 2015

US PATENT AND TRADEMARK OFFICE

1410 OG 137

The Federal Service on Intellectual Property, Patents & Trademarks of
Russia (Rospatent) may act as the ISA or the IPEA for an international
application filed with the United States Receiving Office or the
International Bureau (IB) as Receiving Office where at least one of the
applicants is either a national or resident of the United States of
America. The announcement appears in the Official Gazette at 1378 O.G. 162,
on May 8, 2012.
The search fee of Rospatent was increased, effective January 1, 2013,
and was announced in the Official Gazette at 1385 O.G. 176, on December 25,
2012.
Fees
The fee for filing a request for the restoration of the right of
priority was changed, effective March 19, 2013, and was announced in the
Federal Register on January 18, 2013. The transmittal fee for the USPTO
was changed to include a basic portion and a non-electronic filing fee
portion, effective November 15, 2011, and was announced in the Federal
Register on November 15, 2011. Search fees for the USPTO were changed,
effective January 12, 2009, and were announced in the Federal Register on
November 12, 2008.
International filing fees were increased, effective January 1, 2013,
and were announced in the Official Gazette at 1385 O.G. 176, on December 25,
2012.
The schedule of PCT fees (in U.S. dollars), as of September 1, 2013, is
as follows:
International Application (PCT Chapter I) fees:
Transmittal fee
Basic Portion $240.00
Non-electronic filing fee portion for international
applications (other than plant applications) filed
on or after 15 November 2011 other than by the
Office electronic filing system
- Other than a small or micro entity $400.00
- Small Entity $200.00
- Micro Entity $200.00
Search fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- Search fee $2,080.00
- Supplemental search fee, per additional
invention (payable only upon invitation) $2,080.00
European Patent Office as ISA $2,419.00
Korean Intellectual Property Office as ISA $1,167.00
IP Australia as ISA $2,084.00
Federal Service on Intellectual Property, Patents &
Trademarks of Russia (Rospatent) as ISA $217.00
International fees
International filing fee $1,419.00
International filing fee-filed in paper
with PCT EASY zip file or
electronically without PCT EASY zip file $1,312.00
International filing fee-filed
electronically with PCT EASY zip files $1,206.00
Supplemental fee for each page over 30 $16.00

January 20, 2015

US PATENT AND TRADEMARK OFFICE

1410 OG 138

Restoration of Priority
Filing a request for the restoration of the
right of priority under § 1.452
- Other than a small or micro entity $1420.00
- Small Entity $710.00
- Micro Entity $355.00
International Application (PCT Chapter II) fees associated
with filing a Demand for Preliminary Examination:
Handling fee $213.00
Handling fee-90% reduction, if applicants meet criteria
specified at:
http://www.wipo.int/pct/en/fees/fee_reduction.pdf $21.30
Preliminary examination fee
USPTO as International Preliminary
Examining Authority (IPEA)
- USPTO was ISA in PCT Chapter I $600.00
- USPTO was not ISA in PCT Chapter I $750.00
- Additional preliminary examination fee,
per additional invention
(payable only upon invitation) $600.00
U.S. National Stage fees (for international applications entering
the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
Web site (www.uspto.gov).
October 1, 2013 ANDREW H. HIRSHFELD
Deputy Commissioner for
Patent Examination Policy
United States Patent and Trademark Office

Notice of Maintenance Fees Payable
Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.
Attention is drawn to the patents that were issued on January 10, 2012
for which maintenance fees due at 3 years and six months may now be paid
The patents have patent numbers within the following ranges:
Utility Patents 8,091,144 through 8,095,993
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on January 8, 2008
for which maintenance fees due at 7 years and six months may now be paid
The patents have patent numbers within the following ranges:
Utility Patents 7,316,034 through 7,318,238
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on January 6, 2004
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 6,671,884 through 6,675,388
Reissue Patents based on the above identified patents.
No maintenance fees are required for design or plant patents.
Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov. Click on the "Site Index" link at the
top of the homepage (www.uspto.gov), and then scroll down and click on the
"Maintenance Fees" link for more information.
Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "United States Patent and Trademark
Office, P.O. Box 979070, St. Louis, MO 63197-9000".
Correspondence related to maintenance fees other than payments of
maintenance fees in patents is not to be mailed to P.O. Box 979070,
St. Louis, MO 63197-9000, but must be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".
Patent owners must establish small entity status according to 37 CFR
1.27 if they have not done so and if they wish to pay the small entity
amount.
The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set forth
in the most recently amended provisions in 37 CFR 1.20(e)-(g). To obtain
the current maintenance fee amounts, please call the USPTO Contact Center
at (800)-786-9199 or see the current USPTO fee schedule posted on the USPTO
Internet web site. At the top of the USPTO homepage at www.uspto.gov, click
on the "Site Index" link and then scroll down and click on the "Fees,
USPTO" link to find the current USPTO fee schedule.

Patent Prosecution Highway (PPH) Pilot Program Between the United States Patent and Trademark Office and the Patent Office of the Republic of Poland

Patent Prosecution Highway (PPH) Pilot Program
Between the United States Patent and Trademark Office and the
Patent Office of the Republic of Poland
I. Background
Beginning in July 2006, the United States Patent and Trademark Office
(USPTO) has partnered with several other offices in Patent Prosecution
Highway (PPH) programs. The PPH enables an applicant who receives a
positive ruling on patent claims from one participating office to request
accelerated prosecution of corresponding claims in another participating
office, which allows the applicant to obtain a patentability decision in
the second office more quickly. Furthermore, the PPH promotes patent
application processing efficiency by allowing the examiner in the office of
later examination (OLE) to reuse the search and examination results from
the office of earlier examination (OEE), thereby reducing workload and
duplication of effort.
On January 6, 2014, the USPTO began participating in the Global PPH and
IP5 PPH ("Global/IP5 PPH") pilot programs, which consolidated and replaced
numerous earlier PPH programs, thereby streamlining and simplifying the PPH
process for both applicants and Global/IP5 PPH participating offices. See
"Implementation of the Global and IP5 Patent Prosecution Highway (PPH)
Pilot Programs with Participating Offices", 1400 Off. Gaz. Pat. Office 172
(March 18, 2014).
Following discussions between the USPTO and the Patent Office of the
Republic of Poland (UPRP), the USPTO implemented a PPH pilot program with
the UPRP. The UPRP is not currently a Global/IP5 PPH participating office
and is partnering with the USPTO in the PPH on a bilateral basis only.
However, a PPH request submitted in the USPTO based on UPRP work product
will be treated under the published Global/IP5 PPH standards as discussed
in Section III below.
II. Trial Period for the PPH Pilot Program with the UPRP
The PPH pilot program commenced on November 1, 2014, and will run for a
period of four years ending on October 31, 2018. The trial period may be
extended if necessary to adequately assess the feasibility of the PPH
program. Both offices will continually evaluate the results of the PPH
pilot program to determine whether and how the program should be modified.
The offices also may terminate the PPH pilot program early if the volume of
participation exceeds a manageable level, or for any other reason. Notice
will be published if the PPH pilot program will be terminated. Unless the
UPRP becomes a Global PPH participating office, any extension or
termination of the Global/IP5 PPH program will have no effect on this PPH
pilot program.
III. Participation in the PPH Pilot Program with the UPRP in the USPTO
Any request to participate in a PPH program in the USPTO based on UPRP
work product is subject to the same requirements and procedures as, and
will receive equivalent treatment to, a request made under the Global/IP5
PPH pilot program as set forth in the following notice: "Implementation of
the Global and IP5 Patent Prosecution Highway (PPH) Pilot Programs with
Participating Offices", 1400 Off. Gaz. Pat. Office 172 (March 18, 2014).
This PPH pilot program will also be subject to any modifications to the
requirements and procedures of Global/IP5 PPH pilot program. A request form
(Form PTO/SB/20UPRP) is available from the USPTO Web site at
http://www.uspto.gov/patents/init_events/pph/.
Any inquiries concerning this notice may be directed to Bryan Lin,
International Patent Legal Administration, at 571-272-3303, or via e-mail
addressed to bryan.lin@uspto.gov.
Specific questions about the Patent Prosecution Highway should be
directed to the Office of Petitions at 571-272-3282, or via e-mail
addressed to PPHfeedback@uspto.gov.
December 22, 2014 MICHELLE K. LEE
Deputy Under Secretary of Commerce for Intellectual Property and
Deputy Director of the United States Patent and Trademark Office

Errata
"All references to Patent No. 8,915,099 to HISASHI MATSUMOTO of
Hillsboro, OR for METHOD AND APPARATUS FOR MACHINING STRENGTHENED GLASS AND
ARTICLES PRODUCED THEREBY appearing in the Official Gazette of December 23,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,915,210 to SHINGI TAKAHASHI of Fukuoka,
JP for PAINTING SYSTEM appearing in the Official Gazette of December 23,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,915,364 to NEIL DESAI of Pacific
Palisades, CA for PROPOFOL FORMULATIONS WITH NON-REACTIVE CONTAINER
CLOSURES appearing in the Official Gazette of December 23, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,915,500 to HIROSHI CHIKUMA of
Matsudo-shi, JP for SUSPENSION APPARATUS appearing in the Official Gazette
of December 23, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,915,510 to ROYCE HUSTED of FOREST, VA
for LIGHTWEIGHT FOLDING MOTORIZED CHAIR WITH MECHANICAL TRACTION STEERING
AND BRAKING appearing in the Official Gazette of December 23, 2014 should
be deleted since no patent was granted."
"All references to Patent No. 8,915,569 to HIROSHI UMETSU of Suwa, JP
for PRINTING DEVICE appearing in the Official Gazette of December 23, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,915,600 to HIRONORI YOSHIDA of Miyagi,
JP for OPTICAL BODY, WALL MEMBER, FITTING, SOLAR SHADING DEVICE, AND
BUILDING appearing in the Official Gazette of December 23, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,915,723 to TETSUYA OKAMOTO of Sakai-shi,
JP for ROTARY COMPRESSOR HAVING MAIN CYLINDER CHAMBER AND SUB-CYLINDER
CHAMBER WITH AN END PLATE RECEIVED THEREIN appearing in the Official
Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,915,748 to TOHRU KOBAYASHI of
Makinohara-shi, JP for LEVER TYPE CONNECTOR appearing in the Official
Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,915,755 to KAZUHIKO TSUCHIYA of
Susono-shi, JP for BOARD-MOUNTED CONNECTOR appearing in the Official
Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,915,912 to MICHAEL CURLEY of Weston, MA
for METHODS AND DEVICES FOR USE OF DEGASSED FLUIDS WITH FLUID ENHANCED
ABLATION DEVICES appearing in the Official Gazette of December 23, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,915,920 to MCMINN, DEREK et al of
BIRMINGHAM, UNITED KINGDOM for MEDICAL DEVICE appearing in the Official
Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,915,978 to MELVIN RICHARDSON of Roanoke,
VA for METHODS OF IMPROVING COMBUSTION OF SOLID FUELS appearing in the
Official Gazette of December 23, 2014 should be deleted since no patent was
granted."

January 20, 2015

US PATENT AND TRADEMARK OFFICE

1410 OG 183

"All references to Patent No. 8,915,994 to TOSHIHIRO ENDO of Ibaraki-ken,
JP for NON-AQUEOUS INK appearing in the Official Gazette of December 23,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,916,231 to YAMASAKI, KAZUHIKO et al of
NAKA-GUN, JAPAN for METHOD FOR PRODUCING A CONDUCTIVE REFLECTIVE FILM
appearing in the Official Gazette of December 23, 2014 should be deleted
since no patent was granted."
"All references to Patent No. 8,916,547 to JEFFREY KLEIN of San Juan
Capistrano, CA for TUMESCENT ANTIBIOTIC SOLUTION appearing in the Official
Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,916,608 to JAMES ENGEL of Ann Arbor, MI
for EPIGENETIC CO-REPRESSORS OF THE GAMMA-GLOBIN GENE AND METHODS OF USING
SAME appearing in the Official Gazette of December 23, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,916,807 to DAVID NAYLOR of Draper, UT
for MODULAR HEATED COVER appearing in the Official Gazette of December 23,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,916,907 to TOSHIHIRO OHKI of Kawasaki,
JP for FIELD-EFFECT TRANSISTOR appearing in the Official Gazette of
December 23, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,917,080 to UDO AUSSERLECHNER of Villach,
AT for CURRENT SENSORS, SYSTEMS AND METHODS FOR SENSING CURRENT IN A
CONDUCTOR appearing in the Official Gazette of December 23, 2014 should be
deleted since no patent was granted."
"All references to Patent No. 8,917,139 to HIROSHI SUGAWARA of Fukuoka,
JP for DIGITAL AMPLIFIER appearing in the Official Gazette of December 23,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,917,193 to DAN RUBANOVICH of Waterloo,
CA for HANDHELD ELECTRONIC DEVICE AND ASSOCIATED METHOD ENABLING TEXT
INPUT IN A LANGUAGE EMPLOYING NON-ROMAN CHARACTERS appearing in the
Official Gazette of December 23, 2014 should be deleted since no patent
was granted."
"All references to Patent No. 8,917,205 to AKIHIKO AKASEGAWA of
Kawasaki, JP for ELECTRONIC APPARATUS, METHOD OF MAKING THE SAME, AND
TRANSCEIVING DEVICE appearing in the Official Gazette of December 23, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,917,226 to SANG-MOO CHOI of Yongin-city,
KR for ORGANIC LIGHT EMITTING DISPLAY DEVICE appearing in the Official
Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,917,233 to ERIK VAN VEENENDAAL of
Eindhoven, NL for METHOD AND APPARATUS FOR DRIVING AN ELECTRONIC DISPLAY
AND A SYSTEM COMPRISING AN ELECTRONIC DISPLAY appearing in the Official
Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,917,325 to YONEZAWA, TAKESHI of
UTSUNOMIYA-SHI, JAPAN for LENS APPARATUS CONTROLLABLE VIA MULTIPLE CONTROL
SOURCES AND IMAGE PICKUP SYSTEM INCLUDING THE LENS APPARATUS appearing in
the Official Gazette of December 23, 2014 should be deleted since no patent
was granted."
"All references to Patent No. 8,917,351 to KIA SILVERBROOK of Balmain,
AU for HANDHELD IMAGING DEVICE WITH IMAGE PROCESSOR PROVIDED WITH MULTIPLE

January 20, 2015

US PATENT AND TRADEMARK OFFICE

1410 OG 184

PARALLEL PROCESSING UNITS appearing in the Official Gazette of December 23,
2014 should be deleted since no patent was granted."
"All references to Patent No. 8,917,381 to JOERI LOF of Eindhoven, NL
for LITHOGRAPHIC APPARATUS AND DEVICE MANUFACTURING METHOD INVOLVING
REMOVAL OF LIQUID ENTERING A GAP appearing in the Official Gazette of
December 23, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,917,399 to KIA SILVERBROOK of Balmain,
AU for PORTABLE HANDHELD DEVICE WITH MULTI-CORE MICROCODED IMAGE PROCESSOR
appearing in the Official Gazette of December 23, 2014 should be deleted
since no patent was granted."
"All references to Patent No. 8,917,400 to KIYOTAKA OHARA of Nagoya-shi,
JP for ADMINISTRATING DEVICE FOR ADMINISTRATING A PLURALITY OF DEVICES BY
USING DEVICE INFORMATION AND FUNCTION INFORMATION OF USERS appearing in the
Official Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,917,529 to KATSUTOSHI YAMANAKA of
Kitakyushu-shi, JP for POWER CONVERSION DEVICE appearing in the Official
Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,917,683 to SEUNG HAN of Anyang-si, KR
for METHOD AND APPARATUS FOR TRANSMITTING CONTROL INFORMATION IN WIRELESS
COMMUNICATION SYSTEM appearing in the Official Gazette of December 23, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,917,771 to TOSHIYASU SUGIO of Osaka, JP
for MOVING PICTURE CODING METHOD, MOVING PICTURE CODING APPARATUS, MOVING
PICTURE DECODING METHOD, AND MOVING PICTURE DECODING APPARATUS appearing in
the Official Gazette of December 23, 2014 should be deleted since no patent
was granted."
"All references to Patent No. 8,917,845 to MICHAEL COLBERT of DeBary, FL
for MODERATION CONTROL METHOD FOR PARTICIPANTS IN A HETEROGENEOUS
CONFERENCE CALL appearing in the Official Gazette of December 23, 2014
should be deleted since no patent was granted."
"All references to Patent No. 8,917,889 to KEEHYUN PARK of Delmar, CA
for GAIN CONTROL FOR A HEARING AID WITH A FACIAL MOVEMENT DETECTOR
appearing in the Official Gazette of December 23, 2014 should be deleted
since no patent was granted."
"All references to Patent No. 8,917,926 to DAVID SEBOK of Eagleville, PA
for METHOD FOR ACCURATE SUB-PIXEL LOCALIZATION OF MARKERS ON X-RAY IMAGES
appearing in the Official Gazette of December 23, 2014 should be deleted
since no patent was granted."
"All references to Patent No. 8,918,248 to DARREN GARRETT of Kingston,
WA for EXTENSIBLE SCHEME FOR OPERATING VEHICLE HEAD UNIT AS EXTENDED
INTERFACE FOR MOBILE DEVICE appearing in the Official Gazette of December
23, 2014 should be deleted since no patent was granted."
"All references to Patent No. 8,918,310 to KUNAL KANDEKAR of Jersey
City, NJ for METHOD, SYSTEM, AND COMPUTER READABLE MEDIUM FOR CREATING
CLUSTERS OF TEXT IN AN ELECTRONIC DOCUMENT appearing in the Official
Gazette of December 23, 2014 should be deleted since no patent was
granted."
"All references to Patent No. 8,918,335 to LUCAS MYSLINSKI of Sunnyvale,
CA for METHOD OF AND SYSTEM FOR FACT CHECKING FLAGGED COMMENTS appearing
in the Official Gazette of December 23, 2014 should be deleted since no
patent was granted."
"All references to Patent No. 8,918,698 to SHARON, ERAN et al of RISHON
LEZION, ISRAEL for SYSTEMS AND METHODS OF STORING DATA appearing in the
Official Gazette of December 23, 2014 should be deleted since no patent was
granted."

Erratum
In the notice of Certificate of Correction appearing in December 16,
2014, delete all reference to Patent No. 8,780,327, issue of November 25,
2014. Petition to correct inventorship under 1.48, seeking to delete
inventors was not acted on prior to issuance of patent. The certificate of
correction was published in error and should not have been issued for this
patent.

Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARDDecember 15, 2014 - December 19, 2014

Date Issued

Type of Case(1)

Proceeding or Appn. Number

Party or Parties

TTAB Panel (2)

Issue(s)

TTAB Decision

Opposer’s or Petitioner’s mark and goods or services

Applicant’s or Respondent’s mark and goods or services

Mark and goods or services cited by Examining Attorney

Issued as Precedent of TTAB

12-17

OPPCANC(SJ)

9120440492055541

David M. Holderv.Vincent Motors LLC and Eicher Motors Ltd.

SeehermanTaylor Greenbaum[Opinion "By the Board"(Winter)]

Grounds in both proceedings: 2(d) and priority; 43(c);Defenses in both proceedings: unclean hands; laches; estoppel; waiver; lack of standing; abandonment

Opposition Sustained as to Class 12 on 2(d) and priority grounds; Leave granted to replead 43(c) claim;Petition to Cancel Granted as to both registrations on 2(d) and priority grounds(Partial Summary Judgment Granted for Opposer/Petitioner)

VINCENT VINCENT HRD [motorcycles,motorcycle parts and accessories, parts catalogs and other printed matter,clothing, and other products]

Prosper Business Development Corp. v. International Business Machines, Corp.

International Business Machines, Corp. v. Prosper Business Development Corp.

Baxley, Interlocutory Attorney

Motions to Amend Pleadings

Motions Granted

BIGINSIGHT (registration) [Providing news, information and analysis compiled from multiple global sources in the field of current events related to marketing strategies and consumer behavior for businesses, in Class 35] BIG INSIGHT (and design) (application) [same services as above in Class 35] [blogs featuring commentaries, news stories, survey results and analysis in the field of current events related to marketing strategies and consumer behavior for businesses, in Class 41]

BIGINSIGHTS (application listed at right, above)

BIGINSIGHTS [wide variety of computer programs and computer equipment, in Class 9] [business advice, development and marketing services, and commercial exhibition services, in field of computers, in Class 35] [wide variety of computer services, including programming, development, troubleshooting, integrating, updating and maintaining, in Class 42]

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office

MAILING AND HAND CARRY ADDRESSES FOR
MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS
For most correspondence (e.g., new patent applications) no mail stop
is required because the processing of the correspondence is routine.
If NO mail stop is included on the list below, no mail stop is required
for the correspondence. See the listing under "Mail to be Directed to the
Director of the Patent And Trademark Office" for additional mail stops
for patent-related correspondence. Only the specified type of document
should be placed in an envelope addressed to one of these special mail
stops. If any documents other than the specified type identified for each
special mail stop are addressed to that mail stop, they will be
significantly delayed in reaching the appropriate area for which they are
intended. The mail stop should generally appear as the first line in
the address.
Most correspondence may be submitted electronically. See the USPTO's
Electronic Filing System (EFS-Web) internet page
http://www.uspto.gov/patents/process/file/efs/index.jsp for additional
information.
Please address mail to be delivered by the United States Postal Service
(USPS) as follows:
Mail Stop _____
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
If no Mail Stop is indicated below, the line beginning Mail Stop should
be omitted from the address.
NEW: Effective September 16, 2012, the Mail Stop description for Mail
Stop Ex Parte Reexam is being revised and a new Mail Stop for supplemental
examination requests is being added as Mail Stop Supplemental Examination.
Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 37 CFR 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address patent-related correspondence to be
delivered by other delivery services (Federal Express (Fed Ex), UPS, DHL,
Laser, Action, Purolator, etc.) as follows:
United States Patent and Trademark Office
Customer Service Window, Mail Stop _____
Randolph Building
401 Dulany Street
Alexandria, VA 22314
Mail Stop
Designations Explanation
Mail Stop 12 Contributions to the Examiner Education Program.
Mail Stop 313(c) Petitions under 37 CFR 1.313(c) to withdraw a
patent application from issue after payment of
the issue fee and any papers associated with the
petition, including papers necessary for a
continuing application or a request for
continued examination (RCE).
Mail Stop AF Amendments and other responses after final
rejection (e.g., a notice of appeal (and any
request for pre-appeal brief conference)),
other than an appeal brief.
Mail Stop Amendment Information disclosure statements, drawings, and
replies to Office actions in patent applications
with or without an amendment to the application or
a terminal disclaimer. (Use Mail Stop AF for
replies after final rejection.)
Mail Stop Appeal For appeal briefs or other briefs under
Brief-Patents part 41 of title 37 of the Code of Federal
Regulations (e.g., former 37 CFR 1.192).
Mail Stop Public comments regarding patent-related
Comments-Patent regulations and procedures.
Mail Stop Conversion Requests under 37 CFR 1.53(c)(2) to convert a
nonprovisional application to a provisional
application and requests under 37 CFR 1.53(c)(3)
to convert a provisional application to a
nonprovisional application.
Mail Stop EBC Mail for the Electronic Business Center including:
Certificate Action Forms, Request for Customer
Number, and Requests for Customer Number Data
Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A,
respectively) and Customer Number Upload
Spreadsheets and Cover Letters.
Mail Stop Expedited Only to be used for the initial filing of
Design design applications accompanied by a
request for expedited examination under
37 CFR 1.155.
Mail Stop Express Requests for abandonment of a patent
Abandonment application pursuant to 37 CFR 1.138,
including any petitions under 37 CFR
1.138(c) to expressly abandon an
application to avoid publication of the
application.
Mail Stop Applications under 35 U.S.C. 156 for patent term
Hatch-Waxman PTE extension based on regulatory review of a product
subject to pre-market review by a regulating
agency. This mail stop is also to be used for
additional correspondence regarding the
application for patent term extension under
35 U.S.C. 156. It is preferred that such initial
requests be hand-carried to:
Office of Patent Legal Administration
Room MDW 7D55
600 Dulany Street (Madison Building)
Alexandria, VA 22314
Mail Stop ILS Correspondence relating to international patent
classification, exchanges and standards.
Mail Stop Issue Fee All communications following the receipt of a
PTOL-85, "Notice of Allowance and Fee(s)
Due," and prior to the issuance of a patent
should be addressed to Mail Stop Issue Fee,
unless advised to the contrary.
Assignments are the exception. Assignments
(with cover sheets) should be faxed to
571-273-0140, electronically submitted
(http://epas.uspto.gov), or submitted in a
separate envelope and sent to Mail Stop
Assignment Recordation Services,
Director - U.S. Patent and Trademark Office
as shown below.
Mail Stop L&R All documents pertaining to applications subject
to secrecy order pursuant to 35 U.S.C. 181, or
national-security classified and required to be
processed accordingly. Such papers, petitions for
foreign filing license pursuant to 37 CFR 5.12(b)
for which expedited handling is requested, and
petitions for retroactive license under 37 CFR
5.25 may also be hand carried to Licensing and
Review:
Technology Center 3600, Office of the Director
Room 4B41
501 Dulany Street (Knox Building)
Alexandria, VA 22314
Mail Stop Missing Requests for a corrected filing receipt and
Parts replies to OPAP notices such as the Notice
of Omitted Items, Notice to File Corrected
Application Papers, Notice of Incomplete
Application, Notice to Comply with Nucleotide
Sequence Requirements, and Notice to File Missing
Parts of Application, and associated papers and
fees.
Mail Stop MPEP Submissions concerning the Manual of Patent
Examining Procedure.
Mail Stop Patent Ext. Applications for patent term extension or
adjustment under 35 U.S.C. 154 and any
communications relating thereto. This mail stop
is limited to petitions for patent term extension
under 35 U.S.C. 154 for applications filed
between June 8, 1995 and May 29, 2000, and patent
term adjustment (PTA) under 35 U.S.C. 154 for
applications filed on or after May 29, 2000.
For applications for patent term extension under
35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE.
For applications for patent term extension or
adjustment under 35 U.S.C. 154 that are mailed
together with the payment of the issue fee, use
Mail Stop Issue Fee.
Mail Stop Patent Submission of comments regarding search templates.
Search Template
Comments
Mail Stop PCT Mail related to international applications filed
under the Patent Cooperation Treaty in the
international phase and in the national phase
under 35 U.S.C. 371 prior to mailing of a
Notification of Acceptance of Application Under
35 U.S.C. 371 and 37 CFR 1.495 (Form
PCT/DO/EO/903).
Mail Stop Petition Petitions to be decided by the Office of Petitions,
including petitions to revive and petitions to
accept late payment of issue fees or maintenance
fees.
Mail Stop PGPUB Correspondence regarding publication of patent
applications not otherwise provided, including:
requests for early publication made after filing,
rescission of a non-publication request, corrected
patent application publication, and refund of
publication fee.
Mail Stop Post In patented files: requests for changes of
Issue correspondence address, powers of attorney,
revocations of powers of attorney, withdrawal as
attorney or agent and submissions under 37
CFR 1.501. Designation of, or changes to, a fee
address should be addressed to Mail Stop M
Correspondence. Requests for Certificate of
Correction need no special mail stop, but
should be mailed to the attention of Certificate
of Correction Branch.
Mail Stop RCE Requests for continued examination under
37 CFR 1.114.
Mail Stop Correspondence pertaining to the reconstruction
Reconstruction of lost patent files.
Mail Stop Ex Parte Original requests for Ex Parte Reexamination
Reexam and all subsequent correspondence other
than correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)). Effective
September 16, 2012, this mail stop is also to be
used for any papers to be filed in an ex parte
reexamination proceeding ordered as a result of
a supplemental examination proceeding.
Mail Stop Inter Original requests for Inter Partes Reexamination
Partes Reexam and all subsequent correspondence other than
correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)).
Mail Stop Reissue All new and continuing reissue application filings.
Mail Stop Sequence Submission of the computer readable form (CRF) for
applications with sequence listings, when the CRF
is not being filed with the patent application.
Mail Stop Supplemental (Effective September 16, 2012). Requests for
Examination Supplemental Examination, including original
request papers and any other correspondence, other
than correspondence to the Office of the
Solicitor (see 37 CFR Secs. 1.1(a)(3) AND 1.302(c)).
This mail stop is limited to original request papers
and any other papers that are to be filed in a
supplemental examination proceeding. For any papers
to be filed in an ex parte reexamination proceeding
ordered as a result of a supplemental examination
proceeding, use "Mail Stop Ex Parte Reexam".
Information for addressing patent-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp.
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS
Please address trademark-related correspondence to be delivered by the
United States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as follows:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:
Madrid Processing Unit
600 Dulany Street
MDE-7B87
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Office's Deputy Commissioner for
Trademark Policy regarding Letters of Protest must be mailed to:
Letter of Protest
ATTN: Deputy Commissioner for Trademark Policy
600 Dulany Street
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:
Director, USPTO
ATTN: FQA
600 Dulany Street, MDE-10A71
Alexandria, VA 22314-5793
Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:
Native American Tribal Insignia
ATTN: Commissioner for Trademarks
600 Dulany Street
MDE-10A71
Alexandria, VA 22314-5793
Do NOT send any of the following via USPS certified mail or with a
"signature required" option: submissions to the Madrid Processing Unit,
Letters of Protest, applications for recordal of insignia under the
Fastener Quality Act, notifications of Native American Tribal Insignia.
Trademark-related mail to be delivered by hand or other private courier
or delivery service (e.g., UPS, Federal Express) to the Trademark Operation,
the Trademark Trial and Appeal Board, or the Office's Madrid Processing Unit,
must be delivered to:
Trademark Assistance Center
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314
Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/trademarks/mail.jsp.
MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE
Please address correspondence to be directed to a mail stop identified
below to be delivered by the United States Postal Service (USPS) as follows
(unless otherwise instructed):
Mail Stop _____
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
Mail Stop
Designations Explanation
Mail Stop 3 Mail for the Office of Personnel from NFC.
Mail Stop 6 Mail for the Office of Procurement.
Mail Stop 8 All papers for the Office of the Solicitor except
communications relating to pending litigation and
disciplinary proceedings; papers relating to pending
litigation in court cases shall be mailed only to
Office of the Solicitor, P.O. Box 15667, Arlington,
VA 22215 and papers related to pending disciplinary
proceedings before the Administrative Law Judge or
the Director shall be mailed only to the Office of
the Solicitor, P.O. Box 16116, Arlington, VA 22215.
Mail Stop 11 Mail for the Electronic Ordering Service (EOS).
Mail Stop 13 Mail for the Employee and Labor Relations Division.
Mail Stop 16 Mail related to refund requests, other than
requests for refund of a patent application
publication fee. Such requests should be directed
to Mail Stop PGPub.
Mail Stop 17 Invoices directed to the Office of Finance.
Mail Stop 24 Mail for the Inventor's Assistance Program,
including complaints about Invention Promoters.
Mail Stop 171 Vacancy Announcement Applications.
Mail Stop Assignment All assignment documents, security interests,
Recordation Services and other documents to be recorded in the
Assignment records. Note that documents with
cover sheets that are faxed to 571-273-0140 or
submitted electronically (http://epas.uspto.gov)
are processed much more quickly than those
submitted by mail.
Mail Stop Document All requests for certified or uncertified
Services copies of patent or trademark documents.
Mail Stop EEO Mail for the Office of Civil Rights.
Mail Stop External Mail for the Office of External Affairs.
Affairs
Mail Stop Interference Communications relating to interferences and
applications and patents involved in interference.
Mail Stop M Mail to designate or change a fee
Correspondence address, or other correspondence related to
maintenance fees, except payments of
maintenance fees in patents. See below for
the address for maintenance fee payments.
Mail Stop OED Mail for the Office of Enrollment and Discipline.
Maintenance Fee Payments
Unless submitted electronically over the Internet at www.uspto.gov,
payments of maintenance fees in patents should be mailed through the
United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979070
St. Louis, MO 63197-9000
Alternatively, payment of maintenance fees in patents (Attn: Maintenance
Fee) using hand-delivery and delivery by private courier may be made to:
Director of the U.S. Patent and Trademark Office
Attn: Maintenance Fee
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Deposit Account Replenishments
To send payment to replenish deposit accounts, send the payments through
the United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979065
St. Louis, MO 63197-9000
Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier (e.g., FedEx, UPS, etc.)
may be delivered to:
Director of the U.S. Patent and Trademark Office
Attn: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, VA 22314
Information abount deposit account replenishments may also be found on
the USPTO's web site at
http://www.uspto.gov/about/offices/cfo/finance/Deposit_Account_
Replenishments.jsp